General conditions of Sale
Article 1 – Scope of application
These General Conditions of Sale apply, without limitations or reservations, to all sales concluded by MYRA NUTRICOSMETICS S.R.L. (the “Seller”) to consumers and non-professional buyers (the “Customers” or the “Customer”), who wish to purchase the products offered for sale by the Seller (the “Products”) on the website: htpps:// absology.co (the “Website”).
In particular, they specify the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
These General Conditions of Sale may be supplemented by special conditions, reported on the Site, before any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
They are accessible at any time on the Website and will prevail, where applicable, over any other versions or other contradictory documents.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the Site on the date of placing the order.
Changes to these General Conditions of Sale are binding for users of the Site from the moment they are put online and cannot be applied to transactions concluded previously.
Article 2 – Products offered for sale
The products offered for sale on the Site are mainly food supplements.
The main characteristics of the Products and in particular the specifications, illustrations and indications for the use of the Products are presented on the Site.
The Customer is required to read them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Site are not contractual and cannot engage the Seller’s liability.
The customer is required to refer to the description of each Product to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of the goods, the minimum duration of the proposed contract.
The contractual declarations are presented in Italian, French and English and are subject to confirmation at the latest upon confirmation of the order by the customer.
The Products presented on the Site are offered for sale in Europe. In the case of an order in a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be automatically calculated net of taxes on the invoice. Customs or other local taxes or import duties or state taxes may be due. They will be paid and are the sole responsibility of the Customer.
Article 3 – Period of validity of the product offer
Product offers are intended within the limits of available stocks, as specified at the time of ordering.
Article 4 – Seller contact details
The seller’s contact details are as follows:
• Company name: MYRA NUTRICOSMETICS s.r.l.
• Siret number: 12560930963
• Headquarters address: Piazza Fontana 6
• Postal code: 20122
• City: Milan, Italy
• Email address: info@myra-nutricosmetics.com
In accordance with the Data Protection Act of 6 January 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right of access, rectification, opposition, cancellation and portability of all your personal data by writing, by post and justifying your identity, to the Seller’s address indicated above.
Validation of the order by the Customer constitutes acceptance without restrictions or reservations of these General Conditions of Sale.
The Customer acknowledges that he has the necessary capacity to contract and purchase the Products offered on the Site.
Article 5 – Orders
It is up to the Customer to select the Products he wishes to order on the Site.
The Customer, while browsing the Site, can select the Products which will then be placed in their virtual cart. You will then be able to access the summary of your virtual cart to confirm the Products you wish to order by activating the “view cart” function and place the order by selecting the “confirm order” function.
Registration on the Site is not mandatory to place the Order. However, after placing the order, an account will be automatically generated on the Site, in the name of the Customer, whose data will be communicated via e-mail after the order with a temporary password.
The Customer must necessarily provide an address, a delivery method as well as a valid payment method in order to finalize the order and effectively form the sales contract between him and the Seller. The completion of the Order implies acceptance of the prices of the Products sold as well as the payment terms indicated on the Site. The Seller cannot be held responsible for errors in the information entered by the Customer, nor for their possible consequences in terms of delay or error in delivery.
The contractual information is subject to confirmation at the latest upon validation of the order by the Customer.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies acceptance of all these General Conditions of Sale and constitutes proof of the sales contract.
Once the order has been placed, the Customer will receive a confirmation via email. This confirmation will summarize your order and related delivery information.
Sending an order constitutes the conclusion of a distance selling contract between the Seller and the Customer. The sale will not be considered final until the Customer has sent confirmation of acceptance of the order by the Seller via e-mail and after the latter has received the full price due.
The Seller reserves the right to suspend, cancel or refuse any order of a Customer, whatever its nature and level of execution, in case of non-payment or partial payment of any sum possibly due by the Customer, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the Site or with which there is an ongoing dispute relating to the payment of a previous order.
6. Cancellation of the Order
Without prejudice to the provisions regarding withdrawal, it is possible to cancel orders not yet processed (marked with the status “in progress or awaiting payment”) by contacting Customer Service via email at hello@absology.co
It is not possible to cancel an order once the shipping process has begun.
In the event that, at the time of canceling an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to proceed with the refund procedure (as described in the “Refund times and methods” section).
Article 7 – Prices
The Products are supplied at the current prices indicated on the Site, at the time the order is registered by the Seller. Prices are expressed in Euros, HT and TTC.
The prices take into account any reductions granted by the Seller on the Site. These prices are fixed and cannot be revised during their period of validity, as indicated on the Site, the Seller reserves the right, outside of this period of validity, to change prices at any time.
Processing, shipping, transport and delivery costs are excluded and are invoiced in addition to the conditions indicated on the Site and calculated before placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear when the order is validated by the Customer, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and released to the Customer upon delivery of the ordered Products.
Article 8 – Payment terms
The price is payable in full on the day of the order by the Customer, via secure payment, by credit card: CB, Visa, Mastercard, American Express, ApplePay, PayPal, Scalapay.
Payment of the price can be made, if applicable, alternatively with means made available by the Seller, such as an electronic wallet or even a bank transfer.
Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case the Customer may request the cancellation of the payment and the refund of the corresponding sums.
Payment data is exchanged in encrypted mode via a security protocol.
In the event of total or partial non-payment of the Products, the Customer is required to pay the Seller a late payment penalty whose rate is equal to three times the legal interest rate.
Furthermore, any late payment automatically entails the application of a flat-rate compensation of forty euros, without prejudice to late penalties.
Delayed payment will also result in the immediate collectability of all sums owed by the Customer, without prejudice to any other action that the Seller would be entitled to bring, in this regard, against the Customer.
Payments made by the Customer will be considered final only after the actual receipt of the sums due from the Seller.
Furthermore, the Seller reserves the right, in case of failure to comply with the payment conditions indicated above, to suspend or cancel the delivery of pending orders placed by the Customer.
No additional costs, exceeding those incurred by the Seller for the use of a payment method, may be charged to the Customer.
Article 9 – Shipping and delivery of Products
The Products ordered by the Customer will be delivered in mainland France within fifteen days of sending the order to the address indicated by the Customer when ordering on the Site.
The Products ordered by the Customer will be delivered to countries in the European area within twenty days of sending the order to the address indicated by the Customer when placing the order on the Site.
Delivery consists of the transfer of physical possession or control of the Product to the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered immediately.
The Seller undertakes to do its best to deliver the products ordered by the Customer within the terms specified above. However, these deadlines are provided for informational purposes only.
If the ordered Products have not been delivered within thirty days from the indicative delivery date, for any reason other than force majeure or act of the Customer, the sale may be canceled upon written request of the Customer within the conditions set out in articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days from the date of termination of the contract, excluding any compensation or withholding.
In the event of non-conformity of the Product delivered, the Seller undertakes to remedy it or refund the Customer.
The Seller assumes the risks of transport and is required to reimburse the Customer in case of damage caused during transport.
Deliveries are made by an independent carrier, to the address indicated by the Customer at the time of the order and to which the carrier can easily access.
When the Customer is required to contact a carrier of his own choosing, delivery is considered to have been made at the time of delivery of the Products ordered by the Seller to the carrier once the latter has delivered the Products sold to the carrier who accepted them without reservations.
The Customer therefore recognizes that it is the carrier who is responsible for making the delivery and cannot assert any guarantee against the Seller in the event of failure to deliver the transported goods.
In the event of a specific request by the Customer regarding the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, on a quote previously accepted in writing by the customer.
The Customer is required to check the status of the delivered products. You have a period of fifteen days from delivery to formulate in writing any reservations or complaints for non-conformity or apparent defects of the Products delivered (for example damaged package, already opened, etc.), with all the relevant supporting documents (photos in particular).
After this deadline and in the absence of these formalities, the Products will be considered compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will refund or replace, as quickly as possible and at his expense, the Products delivered for which the lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in the articles. L 217-4 et seq. following the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
Article 10 – Transfer of ownership – Transfer of risk
The transfer of ownership of the Seller’s Products, to the benefit of the Customer, will be carried out only after full payment of the price by the latter, regardless of the delivery date of the Products themselves.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating to them will take place only when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk.
Article 11 – Right of withdrawal
In compliance with the provisions of the law in force, the Customer has a period of fourteen days from receipt of the Product to exercise the right of withdrawal towards the Seller, without having to justify reasons or pay a penalty, at the end of the exchange or refund provided that the Products are returned in their original packaging and in perfect condition within ten days of communicating to the Seller the Customer’s decision to withdraw.
Returns must be made in their original and complete conditions (packaging, accessories, instructions, etc.) which allow them to be returned to the market in new conditions, accompanied by the purchase invoice.
Damaged, dirty or incomplete Products will not be returned.
The right of withdrawal can be exercised online, at the email addresses info@myra-nutricosmetics.com and hello@absology.co
If the right of withdrawal is exercised within the aforementioned deadline, only the price of the purchased Product(s) and delivery costs will be refunded;
the return costs remain the responsibility of the Customer.
The refund will be made upon receipt of the package, after verifying its good condition.
The products must be shipped to the following address, entering all the following information:
Field Solution S.r.l.
Via IV Novembre 39
20012 Cuggiono (MI)
Italy
Email: irene.venegoni@fieldsolution.it
It is essential to leave a copy of the purchase order and invoice in the package, so that the package can be identified.
Article 12 – Seller’s responsibility – Warranty
The products sold on the Site comply with the regulations in force in Italy and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the provisions of the law, from the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order.
The Products supplied by the Seller also benefit from the legal guarantee against hidden defects resulting from a material, design or manufacturing defect that affects the products delivered, making them unusable for use.
Please note that within the legal guarantee of conformity, the Customer:
• has two years from delivery of the goods to take action against the Seller;
• can choose between repairing or replacing the Product ordered, under the cost conditions set out in article L. 217-9 of the Consumer Code;
• is exempted from providing proof of the existence of the lack of conformity of the Product in the twenty-four months following delivery of the Product.
The legal guarantee of conformity applies regardless of the commercial guarantee that may cover the Product.
The Customer can decide to make use of the guarantee against hidden defects of the Products pursuant to article 1641 of the Civil Code, in which case he can choose between terminating the sale or reducing the sales price in accordance with the provisions of the art. article 1644 of the civil code.
To assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of two years from delivery of the Products or from the discovery of hidden defects within the terms indicated above and return the defective Products in the state in which they were received complete with all elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant and defective.
Shipping costs will be refunded based on the invoiced price and return costs will be refunded upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and in any case within thirty days of the Seller’s finding of the lack of conformity or hidden defect.
The refund will be made by crediting the Customer’s bank account or by check sent to the Customer.
The Seller’s liability cannot be engaged in the following cases:
• failure to comply with the legislation of the country in which the products are delivered, which is up to the Customer to verify,
• in case of improper use, use for professional purposes, negligence or lack of maintenance by the Customer, such as in the case of normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or refund of non-compliant Products or those affected by a defect.
Article 13 – Protection of personal data
Pursuant to Law 78-17 of 6 January 1978 amended by Law no. 2018-493 of 20 June 2018, please note that the personal data requested from the Customer are necessary for the processing of his order and the issuing of invoices.
Such data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Site meets the legal requirements for the protection of personal data, the information system used guarantees optimal protection of this data.
The Customer has, in accordance with current national and European legislation, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with reference to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the Site.
Article 14 – Intellectual property
The content of the website is the property of the seller and its partners and is protected by Italian and international laws regarding intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a crime of counterfeiting.
Article 15 – Unpredictability
In the event of a fortuitous change in the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous fulfillment may ask its contracting party to renegotiate the contract.
Article 16 – Force majeure
The Parties cannot be held responsible if the failure to fulfill or delay in fulfilling any of their obligations, as described herein, derives from a case of force majeure, pursuant to article 1218 of the civil code.
Article 17 – Applicable law – Language
These General Conditions of Sale and the transactions resulting from them are governed by Italian law.
They are written in Italian, French and English. In the event that they are translated into one or more languages, in the event of a dispute, only the Italian text will prevail.
Article 18 – Disputes
All disputes that may give rise to sales operations concluded in application of these general conditions of sale, regarding their validity, interpretation, execution, resolution, consequences and consequences and which could not have been resolved between the seller and the customer will be be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code, art. L 612-1) or with existing sector mediation bodies, and whose references appear on the Site or to any alternative method of dispute resolution (e.g. conciliation) in the event of a dispute.
Article 19 – Pre-contractual information – Customer acceptance
The pre-contractual information must concern the essential characteristics of the good or service, taking into account the means of communication used and the good or service concerned (Consumer Code art. L 111-1 1st).
The fact for a natural (or legal) person to place an order on the Site implies full and integral acceptance and acceptance of these General Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives , in particular, to make use of any contradictory document, which would be unenforceable against the Seller.
Article 20 – Deactivation of the customer account
In case of failure to comply with the obligations deriving from the acceptance of these General Conditions of Sale, incidents of payment of the price of an Order, delivery of incorrect information during the creation of the customer account or acts likely to harm the interests of the Company, the Seller reserves the right to suspend access to the subscription service or, depending on the severity of the acts, to terminate the Subscription and the customer’s account. The Company also reserves the right to refuse to enter into a contract with a Client who has been disqualified or sanctioned for such acts.
